The class-action lawsuit alleging racial discrimination against the NFL filed by former Miami Dolphins coach Brian Flores, later joined by former Arizona Cardinals coach Steve Wilks and longtime assistant Ray Horton, can be tried in open court, the U.S. District Court for the Southern District of New York ruled on Friday.
The rulingupheld previous decisionsby the 2nd U.S. Circuit Court of Appeals in Manhattan and U.S. District Court Judge Valerie Caproni that stated Flores would be able to take his lawsuit to court, rather than go through arbitration that would have been overseen by NFL commissioner Roger Goodell.
"The court's decision recognizes that an arbitration forum in which the defendant's own chief executive gets to decide the case would strip employees of their rights under the law," Flores' attorneys, Douglas H. Wigdor and David E. Gottlieb,said in a statement. "It is long overdue for the NFL to recognize this and finally provide a fair, neutral and transparent forum for these issues to be addressed."
Flores' lawsuit against the NFL, Denver Broncos, New York Giants and Houston Texans alleges racial discrimination in the league's hiring process for coaches.
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An assistant for 11 years before being hired as the Dolphins' head coach, Flores was fired after the 2021-22 season. While pursuing other head-coaching opportunities as an assistant with the Pittsburgh Steelers, he alleged that the Giants and Broncos only interviewed him to accommodate the league's Rooney Rule that mandates teams consider minority candidates for head-coach openings. The suit claims that those teams did not view him as a legitimate candidate for those jobs.
"The significance of the Second Circuit's decision cannot be overstated," Wigdor and Gottlieb added. "For too long, the NFL has relied on a fundamentally biased and unfair arbitration process—even in cases involving serious claims of discrimination.
"This ruling sends a clear message: that practice must end. This is a victory not only for NFL employees, but for workers across the country—and for anyone who believes in transparency, accountability and justice."
Flores provided evidence in his filing showing text messages from former New England Patriots coach Bill Belichick congratulating him for getting the Giants' head-coaching job. However, Flores told Belichick that he had not yet interviewed for the position. Belichick believed his messages were going to Brian Daboll, who was hired by the Giants.
Wilks joined the class-action suit with claims against the Cardinals. He was fired as Arizona's head coach after only one season, after which the team hired Kliff Kingsbury. Wilks alleges he was only viewed as a one-year "bridge" during the 2018 season.
Horton named the Titans in his claims, alleging that the team had already decided to hire Mike Mularkey in 2016 when interviewing him, then the defensive coordinator, for its head-coaching position.
